NAAJA CEO Priscilla Atkins’ employment dispute headed for trial

The legal aid boss’s lawyer said there was still ‘a large question’ about whether her employment had ever been effectively terminated when the relationship broke down.

NAAJA chief executive Priscilla Atkins is locked in litigation with the legal aid agency after it said it suffered a ‘complete loss of trust and confidence’ in her. Picture: (A)manda Parkinson

The head of the North Australian Aboriginal Justice Agency will face off with her employer in a two-week Federal Court trial in Darwin next year after a failed attempt at mediation.

NAAJA chief executive Priscilla Atkins took legal action against the NT’s Aboriginal legal aid agency in February after their relationship “completely and utterly” broke down.

During a case management hearing on Wednesday, Ms Atkins’ barrister, Malcolm Harding SC, told the court the primary trial evidence would be in affidavit form, with other expert evidence also “potentially” on the cards.

“(We) haven’t made a final decision about that,” he said.

But Mr Harding said a live issue remained to be sorted out before the trial, as to whether NAAJA’s purported termination of Ms Atkins had been effective.

He said there was “a large question between us about whether or not termination has occurred”.

“Your honour made an interlocutory order on the 21st of February which is predicated on the idea that, to the extent that the employment relationship between the applicant and the respondent remains on foot, the respondent is restrained (from terminating her employment),” he said.

“The difficulty that my client has with the form of the interlocutory order you made on the 21st of February is that it enables the respondent to maintain a position in which it contends that, in fact, it did validly dismiss her.”

Mr Harding said the issue had formed part of discussions between the parties at a mediation that had been set down for earlier in April, but mediation had “failed”.

“Obviously, even at an interlocutory level, your honour, all you could do is reach a prima facie position as to whether or not there was a valid termination, that’s accepted,” he said.

“My client presses that application.”

In setting the hearing down for two weeks in Darwin next year, Justice Natalie Charlesworth said she would hear arguments on the interlocutory application in June.

If the trial is shorter, that may make a difference, of course, but for a two week trial the earliest I can give you is 4 March,” she said.

“Given that there are appellate sittings in November and February that affect all judges of the court, it’s unlikely that you will find another judge with a different calendar.

“It’s regrettable, but the earliest the court can accommodate you is 4 March.”

Originally published as NAAJA CEO Priscilla Atkins’ employment dispute headed for trial